1. #1

    What extraordinary powers does supreme court of India have over persons/positions like Prime Minister of India or President of India?

    what extra ordinary powers does supreme court have over people like PM and president?


  2. #2
    manojbadoniya Array
    Join Date
    Nov 2012

    Re: What extraordinary powers does supreme court of India have over persons/positions like Prime Minister of India or President of India?

    Dear you have got a very critical and mazed question because all three major ranks you have asked the are supreme and it's not easy to answer and differentiate each but I have tried my best for your solution and before making difference you should read some general information about all these three higher ranks :

    About Supreme Court of India : It was established at 26th of January 1950. There are total 31 judges in supreme court including CJI - Chief Justice of India and maximum limit to be retired of the judges of supreme court is 65 years. Chief Justice of India is appointed by the President of India according to the conditions and eligibilities. Judge of the supreme court can not be terminated from his services but if the president of India orders then only the CJI can be discontinued from his services or the bill passed by both House of Commons (Loksabha) and Senate (Rajyasabha) against the CJI

    Main Functions/Duties/Responsibilities of Supreme Court of India

    Basically supreme court of India functions into various matters which are being discussed between central government of India and various state's government or between Central Government and various states government means where Central and State Government are opposite to each others for rights and other issues and also involves in the issues of various states government means a state is against another state in india so supreme court provides right solution. If victims of cases are not satisfied with the order/solution provided by the high court of the state then they can appeal in supreme court to reopen this case and get new decision and case may contain any type of matter

    Supreme court also analyze it's own decision and gives instructions to high court and government of India in various cases and major issues of the country. Supreme court of India is also known as the "PROTECTOR OF FUNDAMENTAL RIGHTS AND LAW OF GOVERNANCE". All decisions taken by the supreme court of India are compulsory to be followed by all high courts of India

    About President of India : The president of India is elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation by means of single transferable vote. Removal of president from his office is to be in accordance with procedure prescribed in Article 61 of the Constitution. He may be writing under his hand addressed to the Vice-President, resign his office

    Executive powers of the union is vested in the president and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution. Supreme Command of the defense forces is also vests in him. The President Summons, Prorogues, Addresses, Sends message to parliament and dissolves the Lok Sabha, promulgates Ordinances at anytime except when both houses of parliament are in session, makes recommendations for introducing financial and money bills and gives assent to bills. Grants pardons, reprieves, respites or remission of punishment or suspends, remits or commutes sentences in certain cases.

    When there is a failure in constitutional machinery in the state, he can assume to himself all or any of the functions of the government of the state. The president can proclaim emergency in the country if he is satisfied that a grave emergency exists whereby security of India or any part of its territory is threatened whether by war or external aggression or armed rebellion

    About Prime Minister of India : For your kind information that there is no mention about the PM in the constitution of India but it is named as the Head of the Council of Ministers. PM is appointed by the President of India and President of India takes suggestion of PM in appointing other ministers of the council. PM is responsible to provide all necessary details to the President about COM - Council of Ministers and all relating affairs. PM has authority to manage the entire council of Ministers and all the ministers of COM works under PM of India

    Finally you can see that President has the power to manage entire India and all it's functions including Supreme Court because CJI is appointed by the President so President has more powers than that of Supreme court and Supreme court is chief in law that can manage the government of India and all other details are mentioned above where PM has not so many powers like president and Supreme court so Supreme court can rule over the PM but not over the President and finally President is the supreme in India. No one of them can not interfere in the work and duties of each others if they are good at their work and following all the laws decided by the supreme court of India

    If you wants to get more details and full knowledge about the India, Political System, Constitution then you should prefer books of - DD Basu and Kashyap and for concise details you can buy India Year Book 2013 published by the government of India that will introduce you with entire India please care

    All the best

  3. #3
    hero Array
    Join Date
    Jul 2013

    Re: What extraordinary powers does supreme court of India have over persons/positions like Prime Minister of India or President of India?

    Dear candidate
    power given to president are as follows
    he is the head of the indian republic. Rules are made by president. It also includes power to appoint and remove high dignitaries of the state and the prime minister of india,attorney general, comptroller and auditor general of india.., judges of supreme court and high court,governer of state, the finance commission and the election chief commission. It also has the power to summon and prorogue the parliament( i.e rajya sabha and lok sabha). And also has the power to nominate certain members to parliament.

    Prime minister:
    If the prime resigned from his post the whole party gets dissolve .he decides the council members and offices.

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